The Bismarck Tribune Newspaper, June 6, 1922, Page 8

PAGE EIGHT SUPREME COURT ORDERS BANK T0 REPAY COUNTY Action of Treasurer of Burke County in Depositing Money On Certificates Held Ilegal IS. QUALIFIED DECISION The supreme court, in a three to two decjsion, holds that! Lawrence Larson, former treasurer of Burke county, was without author:ty in de- Dositing $166,600 of gunds in various banks of the county on time deposits shortly before he went out of office about April 28, 1921 The opin‘on is written by Justice Bronson, signed by Justice Pobinson, and Justice Grace concurs. Justices Birqzell and Chr stianson dissented on the ground that a mandamus action was not the proper action in the case. The effect of the decision, which is to compel banks to turn back funds to the county and to compel the former treasurer to $aliver cash jn- ‘ stead of certificates of his successor, is somewhat mollified by the fact that many of the certificates of deposit have become due since the filing of the suit and have been paid by the banks, The decision is somewhat mollified by the statement that Judge Lowe, of district court is affirmed, subject to the right of the defendant bank, which in the test case was the First Nuafional Bank of Bowbells, to make full payment to the present county treasurer, or to the right of the coun- ty commissioners to direct the qe: posits of county funds joncerned and involved, all within a period of 15 days from the time remittitur is filed in the proceedings. Neither party will recover costs on the appeal. The First National Bank was a le- gal depository, Judge Bronson holds, and as such was quasi-official in character. He holds that monies placed on time deposit in the various banks by the former county treasurer were really, in law, deposits payable cn demand; that the county commis- sioners had no authority to place such deposits upon time deposits tor a period.of more than one year. Hold Method Wrong The dissenting opinions held that the real object of the suit was to compel the county treasurer whose t2rm of office had expired to make restitution of certain monies which Novelist’s Wife on Jaunt . St. Paul society's taking up bike riding—It reduces, ’. the handlebars, Mrs. F. Scott Fitzgerald, wife of the covelists 1a the saddle, Mrs. Ralph McFaul. COUNTIES, CITIES, TOWNSHIPS SPEND FIVE MILLION A YEAR ON ROADS, BRIDG 1916, | failed to finish their work by the first | $2,984,488.94; 1917, $3,643,548.30; 1918,| of the month, but*if it were possible 0! 030.77; 1920,| to obey the law, the eounty auditors ‘North Dakota is now spending about $5,000,000 a year on road and bridge work from funds raised by county, township and city taxes alone, according to statistics compiled in the office of the state tax commissioner. The highest amount levied was in 1920 when the total reached $5,965,- 257.98, according to the table. tal of $26;536,877.15 has been levied in A to- the last six years as follows: , On! 775,523.68, 7. In 1921 the tota] county road. tax wag $1,946,628.62; total county bridge 5! township road and bridge tax, $1,755,864.55, The expenditures for the last five years are shown'as follows: tax, $906,349.48; The expenditures for the last five years are shown as follows: he had placed on time deposit, and malcare ie Bara al ng tong a ynsh sity, Town that a mandamus action was not the]... Road Bridge Rest ee. «Village proper acion. / Ttoad Total The case of 'the state ex rel C. J.| 1916 677,396.50 2,984,488.94 Kopriva, county auditor of Burke| 1317 ne # 7 363,548.20 county, against Lawrence Larson and| 1919 1,08: a 5853.50 5,357,030.7 First National Bank of Bowbells came | 1920 1,138,785. 150,964.50 5, {to the supreme court on an appeal] !9?! i 906,349.48 1 166,864.55 © 4,7 by the defendant from the court of} Total ...9,753,003.55 5,348,462.79 10,714,618.65 720,792.16 26,5: District Judge J. C. Lowe. ~The action, Kopriva represented, was brought upon an order received by him from. the state auditor to compel the defendants to turn over to the present county treasurer of Burke county funds belonging to the office, the case being a mandamus action. This case was one of 13 actions com- menced against the outgoing treasurcr of Burke county and banks who had received county funds. The ‘Alleged Deposits It was alleged that three or four days prior to the time the former county treasurer went out of office, or about April 28, 1921, he deposited a total of $166,600 of funds of Burke county for periods of time from three to 19 months taking certificates of deposit from the banks. The partic- ular bank in this action received $19,- 000, it was stated, of which $15,000 was in certificates falling due Dec. 1, 1922. ‘When Larson was succeeded by Treasurer Jensen the latter demand- gi that Larson pay him cash, refus- ing to accept the certificates. Judge Lowe: issued an_ order ®gainst Larson, commanding him to deliver to J. R. Jensen, his successor as treasurer, $22,000 placed in de- fendant bank with interest accumu- lateq and that the bank honor checks drawn for this amount. The appellants hold that there was no evidence of collusion between Larson and the bank, as alleged, in order to retain funds in the bank. It says that all the money was deposited by Larson in accordance with advice and consent of the Burke county com- missioners. y The appellants. hold there was con- siderable amount of money of the county for which there was no im- mediate use and that it was for the pest interests to deposit the funds in depositaries paying the highest rate of interest. The deposits were made} at a time of the change of terms of office of county treasurer, after an initiated law had become effect've making the deposit of funds in the Bank of ‘North Dakota optional in- stead of compulsory on county of- ficials. 6 LEGISLATIVE CANDIDATES IN STARK COUNTY Dickinson, N. D., June 6.—Thirty- two candidates have been certified by County. Auditor J. L. Hughes for places on the nonpartisan county bal- lot at the primaries in June, this num- ber having qualified for the ballot by filing nomination petitions thirty days before the election. The last few days before filing only} brought out one new candidate, A. S. Ward of Belfield, deciding at the last) minute to make the race for county auditor in opposition to J. L. Hughes, the present auditor. All of the other candidates to file had been announced ; previously. The clerkship of the district court brought out the largest number of candidates, a total of four filing for! this office. FE, M. Smith, Jacob Mack, and Frank X. Wanner. Four candidates for com-! claimed Mrs. J. C. F. Parker, one. of missioner of the second district also Pippin, schools; J. P. Cain, state’s attorney; Fred Maser, county judge, and John Leask, register of deeds, ture from the 31st district, compris- ing Stark county, there were six can- didates to file, the three incumbents, Pius Kopp, D. E. Shipley, and C. H. Stark, and Herman Rabe, Chas, F. Merry, and Christ Eggers. T0 BLAZE TRAIL Dakota Division Will Be Blazed of Minot -is expected to complete the work of blazing the North Dakota division of the Metigoshe-Black Hills trail soon, blazing work on which started last year. year, this trail, which goes by the way of Max, Coleharbor and Wilton, - proving a popular route, and taxi lines which ply their trade between . the capital city and Minot use this trail exclusively. principal artery to Canada, and also They are T. N. Hartung,! county superintendent of For representatives to the legisla- TO BLACK HILLS By Minot Man Minot, N. D., June 6.—A. F. Bacon This lake connects Lake Metigoshe in the Turtle mountains with the Since being partially blazed’. last is Other factors which promise to con- tribute to the popularity of the trail, are the facilities that it affords as a its importance as a thoroughfare in the section of the state which it tra- verses. E. D. Ertresvag, of Bottineau, who resident of the North Dakota di- vi: il, has‘negotiated with provincial officials of Manitoba and plans have been outlined. for having the trail continued from Lake Meti- goshe into that province, and on to Brandon and Winnipeg. Many persons are expected to pass over the trail this fall, when the offi- cial opening of the Bismarck-Mandan bridge over the Missouri river takes place. As soon as Mr. Bacon completes ‘his work on this trail, he will devote his attention to the International trail and then to the Parks highway, and ac- cording to a statement made this week, he expects the latter two trails will be blazed by the end of next month. The International highway also runs through Mi connecting Sherwood at the Canadian border with this city, and extending southwest through Ry- der across the river into Beulah and then into South Dakota. The Minot Association of Commerce handles the secretarial. work for the International and Metigoshe-Black Hills trails. : DICKINSON PIONEER DIES Dick’nson N. D., June 6.—All Dick- inson was saddened when the news passed over the city that death had ; Dickinson's earliest pioneers, wh‘le filed, including John J. Loh, the pres- ent commissioner, Louis Petrika, Fred Hewson, Jr., and Chas. Colgrove, Sr. There will be no contests on the she slent. Neath was due to hemorrh- age of the brain Mrs, Parker had b7en enjoying her ugual good health and the day before Be OCR ES eS EN ee ert Sue: tthe Uast Yearas primary ballot for four county offices.] had busied herself ,with her, housc- No opposition developed for Hl O.{hoid dut’es and caring for her flow- She re- tired for the night as usual but at & O'clock awoke complaining of a se- Members of the family ass’sted in relieving this and she fell asleep again, never to When: the family went to her room upon rising in the morning she failed to respond to their call. Physjcians stated that life had beea ers and plants on the lawn. vere’ pain in her. head, awaken. extinct for several hours. RURAL ROUTE ESTABLISHED Linton, will serve over fifty famil'es. sion. The service will be ti and Friday of, each week. 4 THREE, GRADPATE ‘Kill fu Marie Wiloox, Opal Armstrong, Florence and Fvra Rhoades. The graduates from the grade: were: Virgil. Jenson, it tanford Bergerud, nds: Christerson;:. Le Rhoades}! Eileen Saunders, Celia Guimont. Shame on You, e public schools of Nashville, Tenn., defeated the Elizabet and Katherine N. D.,. June 6.—Postmaster Andrus has received word the third rural route out of Hazelton. has, been ordered by the postoffice department. It will run southeast ‘of Hazelton aud The service is to begin July 17th, and will be handled by a tomporaryappoint- ment to be made by Mr. Andrus. La- ter, a permanent carrier* will be’ se lected by the Civil Servic>, commis: eekly, Ti- and will run on Monday, Wednesday N. Bp. ne 6.—The Com- ae it Exerdisés Held at the high i school auditorium” last Eriday cre Black Hills of South Dakota, via Bis-/"ine ,attracted an unusually "large marck: The high school graduates were! an eighth r ‘nabbel Duncan, Sovéria Hoff, Esther<Obere, Florence Christianson, Elsie Covlin, THE BISMARCK TRIBUNE {ELECTION LAW IS IMPOSSIBLE Have Been Called to Atten- tion of Different Legislatures (North Dakota, could not hold ai election at any time if all the laws of the «state defining election affairs were to be complied with, according to Maurice W. Duffy, Deputy Secre- tary, of State and incidentally, the of- ficial information bureau for the stat capitol. dates overlap that it is impossible for all officials to obey the law. Taking just one item, it being the one under discussion when Mr. Duffy started ‘observations concerning the election laws ‘of the state, Mr. Dufty pointed to the laws covering the is-| suance of the publicity pamphlet. Hej had just been called on the phone! list for some of the counties was not available. = * To make up this mailing lst, the laws demand that the assessors shall turn their report of the canvass giv- ing the names of the voters into the crunty auditor thirty days in advance of the primary. The law also demands that the county auditor shall certify these names to the secretary of state thirty days before the primary. Be- cause of the frequent changes.in North. party affiliation, and also changes in residence, the _personat tax lists are lst of voters and: their addresses. Ten days after. the tax list is turned : into the county auditor, the Secretary of state is compelled under the law to|# have these publicity pamphlets in the mail. Assessors are Behind The facts are that this year, in some of the counties, the assessars and the secretary of state are under ‘direction to prepare the lists.of the 250,000 voters, more or less, jn the state, address the number and get them into the mails. all in ten days. A good girl will address about, 1,000 pamphlets a day. Therefore there are about 250 days. work in addressing, jalone and in few. towns in North Da-; kota can an. efficient corps, of, work- ers be gathered. toye:ner for a few days’ work. ‘This‘one fact alone shows how almost {mpossible it isto remain within the confines of the law, in tie opinion of M fty. a Most of the’ county auditors have elected to send {n a list made up from woos, and thus comply with a part of the law but not presenting tho -addresses of the! new voters, or of the many: postof- fice changes that occur in’ ‘the course of a year. RSG ciate Other sections of the election law are as impossible .of.operation as the ore that gives. the count; 7, auditors a few hours at the best to prépare ac- curate lists of, the Voterg of the state and the small amount of time allowed for-the mailing ofthe publicity. pam- phlet. “1 Several of these impossibilities have been. called. to, the attention of dif- ferent legislatures, according to Mr. Duffy, but thus far. relief has not been aforded the diferent oficials, If some one’should insfst, refterates Mr. Duffy, upon an absolute’ compliance with all the election laws of the state, no election would. be held in: the com- monwealth of North Dakota. HALLIDAY DEFEATS. WERNER. Halliday, N. D., June 6.—At the Werner ball diamond Sunday Halliday defeated that town’s team by a score| of 12 to 7...It was an interesting! game until the last half of the eighth inning when Halliday begun to pound’the ball which resulted in tho aborp scone. Al large crowd wit- nessed the game, DIES IN GARDEN. Halliday, N. .D., June 5.—With a ‘few freshly picked radishes in his hand, Gottlieb Keller, 60, farmer liv- ing northeast of here, was found: dead in hig garden where he wag stricken ‘with fatal heart attack. In Congoland, men alone are per- mitted ‘to take snuff, whilst the wo ‘men smoke the strongest tobacco, ORONO ria Y oD) Boys, Shame! boys fo Culbert made 8t. OF OPERATION E Several of These Impossibilities 2 NO RELIEF IS AFFORDED! So many duties are imposed ; upon different peoples and so many! with the information that the mailing |Z Dakota the last year, especially in; only lists that can give a complete ;& |POSTMASTERS TUES DAY, JUNE 6, 1922 — a) feet made new! Foot troubles corrected easily, quickly Walk out of the store with This is a promise you can believe — its truth is attested by hundreds of thousands of people. No matter what form of foot trouble you have— whether it is corns, callouses, bunions, cramped toes, tender heels, weak arches, tired and aching feet, or even an extreme case of flat foot — there is available appli- ances which will bring you certain, positive relief. In Our Shoe Department We Specialize on Nettleton and Florsheim Shoes EXPERT SHOE FITTERS. Ul Fitting Shoes Gives You—Drawing Pains in the Calf of the Legs, Reflex Pains in the Knees, Hip and Back. ‘We Will Relieve That Hot Burning Feeling in Your Feet. Free examination by our Practipedist . MEN'S CLOTHES SHOP MEET IN FARGO Fargo, June 6.—Postmasters of the state will meet in Fargo, June 15 and 16 for their. annual convention, fol- lowing the tri-state meeting of post- esters in St. Paul earlier in the week. 2 ‘ ARCHITECTS TO HAVE GATHERING Devils Lake,.N.- D., June. 6.—A luncheon and an automobile tour fol- iowed. bv 9 boat trip across the lake to Sully’h Hill park, a tour of the park by car and a banquet are planned’ as entertainment features for architects of the state when they come here for their. annual. meeting, June 14 and 15. The business. sessions begin on .the morning .of the 15th. DENIES SON PERFECT LOVER Collingswood,. N.- J.; June 6—Denial that Frank Anderson was either a gay. Lothario or a “perfect lover” was made today by F. M. Anderson, his. father. :.“The boy was no doubt romantic,” said Mr. Anderson. “But he never did-a mean thing in his life.” TOWN CRIERS GET BUSY Killdeer, N. D., June 6.—The Town Criers met at luncheon and completed their organization. President Ober: announced the appointment of a boar of governors. as follows: Robert Wil- cox, Fred Hollingsworth, D. J. Price, Dr. Pastoret, I. L. Doherty. It was decided to have a noon day luncheon every two weeks for exactly an hour from noon sharp to one sharp which every member is required, to attend. It was decided to start ¢ A FIFTY YEARS AGO _A young man who cine in Pennsylvania became famous and was called in consultation in many towns and cities because of his success in the treatment of disease. This was Dr. Pierce, who finally made up his mind to place some of his medicines before the public, and mov- ing to Buffalo, N. Y., put up what he called his “Favorite Prescription,” and placed it with the druggists in every state. Dr. Pierce’s Favorite Prescription has lone been recoenized as a tonic for ‘diseases peculiar to womankind. After suffering pain, feeling nervous, dizzy, weak and dragged-down by weaknesses of her sex—a woman is quickly restored to health by its use. Thousands of women testify that Dr. Pierce’s Favorite Prescription has en- tirely eradicated their distressing ail- ments. More recently that wonderful dis- covery of Dr. Pierce’s called An-uric (for kidneys and backache), has been successfully used by many thousands who write Dr. Pierce of the benefits received—that their backache, rheu- matism, and other symptoms of uric acid deposits in joints or muscles have been completely conquered by its _use. Send 10c to Dr. Pierce, Buffalo, N. Y., for. trial pkg. of any of his reme- [dies or write for free medical advice. any, practiced medi-|' zation of the Boy Scouts and fix up a swimming pool in the creek down the hill north of the school house. TO STOP COUGHING AT NIGHT A ‘summer bronchtal cough keeps not only the sufferer but other mem- bers of the family awake. Alfred Barker, 1061 Avondale St., E. Liver- pool, O.. writes: “I consider it my duty to write and tell the results of Folzy’s Honey and Tar, which I used for my boy who had been suffering from a bronchial’.cough for 7. to’ 3 weeks. ‘Foley’s Honey and Tar has done: him wonderful good, and I shall always recommend. it.” It. soothes and heals. Genuine! without delay. ANNOUNCEMENT I hereby announce m: yself as a candidate for the office of County Auditor of Burleigh County at the June 1922 Prim- es. H. A. Thomas, Jr. Driscoll, . D. Remember the rummage sale O at The Episcopal Parish House on 3rd St. Thursday. Carries Gillette guarantee of quality and service A genuine Gillette Razor Now at Uses the same fine Gillette Blades all You get “Brownie” and 3 Blades Dealers for $1 ‘ Tbe Brownie Gillette = GILLETTE SAFETY RAZOR CO., Besten, U.S.A. No blades like the genuine Gillette Blades PAT. NOV. IS, 1904 G\WETTe fe) BLADE NOT TO BE RESHARPENED “PRAIRIE SMOKE” By Melvin. R. Gilmore. 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